1983 (10) TMI 283 - SC - Indian Laws

Summary

Issues Involved:
1. Violation of Fundamental Rights u/Articles 19 and 21 of the Constitution.
2. Implementation of Safety Measures and Recommendations by Various Committees.
3. Adequacy of Manpower and Training.
4. Inquiry and Accountability for Railway Accidents.
5. Law and Order Issues in Trains.
6. Improvements in Rolling Stock and Required Gadgets.
7. Introduction of Colour Light Signalling and Automatic Warning Systems.
8. Petitioner's Rejoinder and Additional Claims.

Summary of Judgment:

1. Violation of Fundamental Rights u/Articles 19 and 21:
The petitioner, a resident of Kerala, alleged that the Indian Railways failed to provide adequate safety and protection, violating fundamental rights u/Articles 19 and 21 of the Constitution. The petitioner sought reliefs including the implementation of various committee reports and the appointment of a fact-finding commission to investigate train accidents.

2. Implementation of Safety Measures and Recommendations:
The Joint Director (Safety) countered that recommendations from the Kunzru, Wanchoo, and Sikri Committees were examined and implemented within financial and material limits. Unmanned level crossings were being gradually replaced by manned ones, and technical improvements were being made.

3. Adequacy of Manpower and Training:
The counter-affidavit asserted that direct recruits received proper training, and only qualified individuals were assigned to posts. Locomotive drivers had strict vision standards and were subject to periodic medical examinations.

4. Inquiry and Accountability for Railway Accidents:
Every accident was thoroughly investigated to fix responsibility and punish delinquents. Accidents involving significant loss were investigated by Commissioners of Railway Safety, independent of the Railway Administration.

5. Law and Order Issues in Trains:
Robberies and dacoities were addressed by Government Railway Police (GRP), Civil Police, and Railway Protection Force. The GRP, with a strength of 6,740, provided armed escorts, beat patrolling, and surveillance over criminals.

6. Improvements in Rolling Stock and Required Gadgets:
The Sixth Plan for the Railways was termed the 'Rehabilitation Plan,' focusing on withdrawing outdated gadgets and rebuilding bridges. Annual inspections and continuous records were maintained for bridges, with substantial funds allocated for rebuilding.

7. Introduction of Colour Light Signalling and Automatic Warning Systems:
Colour light signalling was being introduced on trunk and main routes. The automatic warning system was implemented in specific sections but faced issues due to theft of track magnets.

8. Petitioner's Rejoinder and Additional Claims:
The petitioner argued that the counter-affidavit indicated a negative approach and pointed out inadequacies in GRP strength and bridge safety. The petitioner also sought the introduction of the automatic warning system and an increase in compensation for accident victims.

Conclusion:
The Court recognized the petition as public interest litigation and emphasized the importance of efficient and safe railway services. Although no specific directions were issued, the Court hoped for early implementation of improvements. The petitioner was awarded consolidated costs of Rs. 5,000, recoverable from the Railway Ministry.